A.
Water service may be discontinued by the Department for
any one of the following reasons:
(1)
Use of water other than as represented in an applicant's
applications or through bypass connections of the meter or place reserved
thereof.
(2)
Willful waste by use of water through improper and imperfect
pipes, or by any other means.
(3)
Tampering with any service line, seal or meter.
(4)
Nonpayment of bills for water or services rendered by
the Department in accordance with these rules and regulations.
(5)
Cross-connecting pipes carrying water supplied by the
district with any other source of supply or with any apparatus which may endanger
the quality of the district's water supply.
(6)
Refusal of reasonable access to the property for the
purpose of reading, repairing, testing or removing meters or inspecting water
piping and other fixtures.
(7)
Violation of town water regulations.
(8)
Failure to promptly repair leaky service lines.
B.
No person shall open or interfere with the fire hydrants
or draw water therefrom without permission from the Department or, in case
of fire, by the Fire Departments or their representatives.
C.
In the interest of public health, the Department will
not permit mains or service lines to be connected in any way to any piping,
tank, vat or other apparatus that contains liquids, chemicals or any matter
which may flow back into the district service lines or mains and consequently
endanger the water supply, except as expressly permitted by the New York State
Department of Health.
D.
Upon receipt of an application for a new service or for
the reinstatement of an existing service, the Department will assume that
the piping and fixtures that the service will supply are in proper order to
receive the same, and the Department will not be liable in any event for any
accident, breaks or leakage arising in any connection with the supply of water
or failure to supply the same.
E.
Any person who damages any street hydrant shall be liable
for the actual costs incurred by the Department to repair all damage as well
as the estimated loss of water wasted before the hydrant can be shut off.
F.
The Department undertakes to use reasonable care and
diligence to provide a constant supply of water at a reasonable pressure to
consumers, but reserves the right, at any time, without notice, to shut off
the water in its mains for the purposes of making repairs or extensions or
for other purposes, and it is expressly agreed that the Department shall not
be liable for a deficiency or failure in the supply of water or the pressure
thereof for any cause whatsoever nor for any damage thereby or by the bursting
or breaking of any main or service line or any attachment to the district's
property. All applicants having boilers upon their premises depending upon
the pressure in the district's pipes to keep them supplied are cautioned
against danger of collapse, and all such damage shall be borne exclusively
by the applicant. For routine maintenance such as line flushing or planned
outages the Department will take reasonable measures to notify applicants.
G.
In those cases where the applicant's service line,
from the curb stop to the meter, is frozen, the thawing shall be done at the
expense of the applicant. To avoid a recurrence of freezing, the Department
may order an examination of the applicant's service line; and, if the
same is not at a depth of 60 inches as required, the Department reserves the
right to require it to be so relocated before service is resumed.
Any applicant found to be violating any provision of this chapter shall
be served by the town with written notice stating the nature of the violation
and providing a thirty-day-or-less time limit for the satisfactory correction
thereof. The offender shall, within the period of time stated in such notice,
permanently cease all violations.
Any applicant who fails to comply with the provisions of this chapter,
other than those provisions pertaining to the payment of charges for services
established herein, shall be guilty of disorderly conduct and shall be subject
to fine not exceeding $250 for each offense. The continued violation of any
provision of any section of this chapter, other than those pertaining to the
payment of charge for services established herein, shall constitute a separate
offense for each and every day such violation of any provision hereof shall
continue.
Upon violation of this chapter, the Town Board, in addition to other
remedies, may institute any appropriate action or proceedings, including an
injunction to prevent the occupancy of any building, structure or land where
said violations of this chapter are found.
Any applicant violating any of the provisions of this chapter shall
become liable to the town and/or district by reason of such violation and
shall also be liable for all costs and Department expenses associated with
the repair of the damage and for any fines imposed as a result of such violation.
The Town Board's opinion shall be controlling in the event that
differences between a Department and applicant exist on matters concerning
interpretation and execution of the provisions of this chapter.
Any applicant who knowingly makes or supplies any false statements,
representation, records, reports, plans or other documentation filed with
the municipality required under this chapter shall be punishable in accordance
with Penal Law.
The town is also authorized to issue an order to cease and desist and
direct those persons not complying with such prohibitions, limits, requirements
or provisions of this chapter to comply forthwith or comply in accordance
with a time schedule set forth by the town, or the appropriate remedial or
preventative action in the event of a threatened violation.
If any conditions of a permit or this chapter are not strictly adhered
to, the permit may be revoked.
